The Illinois Marriage and Dissolution of Marriage Act is the law that governs spouses who file a case to end their marital relationship.  During the difficult transition to lead separate lives, there will be many issues to deal with prior to the legal divorce.  There is a sense of loss as you move forward and in many ways the court system is not set up to deal with the emotional aspects of your marriage dissolving. 

It is very important for you to seek out emotional support through family, friends and counseling with a therapist.  There will also be a need for a financial separation and this affects many people in different ways.  It is very important to seek out a financial professional if you have not been involved with the financial aspects of your life. 

Educating yourself about the real status of your finances is extremely helpful and gives you a realistic perspective of what will be available at the end of the process.  You should keep detailed records of monthly bills, loan documents, titles, bank accounts and income. Finally, there is a need for a physical separation from your spouse so you can gain a better perspective on how to live your life without that person influencing your daily routine.

Once the emotional, financial and physical separations have taken place, most people are in a better position to handle the legal aspects of the divorce.  In family law, all decisions that are not agreed upon by the parties are made by a Judge.  This sometimes gives people the feeling that they lack control over what really works best for their family.  It is very important to discuss major issues with your spouse such as what you both plan to do with the marital residence, the children, savings, pension and retirement plans, etc.

The law allows for an equitable distribution of the marital assets but also of the marital debts.  Equitable is defined as “fair” not “equal” under the statute.  Once a case is filed, your assets are considered frozen until such time there is a determination as to how to divide them.  If there are questions as to where assets have gone during the course of the divorce there may be an accusation of dissipation. 

Dissipation is defined as spending or transferring assets without prior court approval and is very serious.  Both parties are deemed responsible for protecting the marital assets until they are divided.    Other issues that will need to be resolved are spousal support, health insurance coverage, pension benefits, tax issues and who will take over responsibility for specific liabilities.

In Illinois, both parents have equal rights to have custody of their children.  It is the child’s right to be supported and have time with both parents.  If there are children involved there will be several issues regarding parenting, including but not limited to; custody, child support, visitation, responsibility for education costs, health coverage and tax exemptions. 

The Judge will have to find that he has jurisdiction over your marriage and that he has the grounds to dissolve your marriage.  In Illinois, the grounds have no bearing on asset distribution or custody.  Child support and visitation (or lacks thereof) also have no bearing on each other.

Contact the Illinois Family law firm of Ursula Irwin if you have any Illinois divorce or family law issues. We can be reached at 630-850-7480 or you can email us.